[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61610-61619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26094]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Application for New Awards; Expanding Opportunity Through Quality
Charter Schools Program (CSP)--Grants to Charter Management
Organizations for the Replication and Expansion of High-Quality Charter
Schools
AGENCY: Office of Innovation and Improvement, Department of Education.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for fiscal year (FY) 2019 for CSP--Grants to
Charter Management Organizations for the Replication and Expansion of
High-Quality Charter Schools, Catalog of Federal Domestic Assistance
(CFDA) number 84.282M.
DATES:
Applications Available: November 30, 2018.
Date of Pre-Application Webinar: Thursday, December 6, 2018, 12:00
p.m., Washington, DC time.
Deadline for Transmittal of Applications: January 10, 2019.
Deadline for Intergovernmental Review: February 28, 2019.
Pre-Application Webinar Information: The Department will hold a
pre-application meeting via webinar for prospective applicants on
Thursday, December 6, 12:00 p.m., Washington, DC time. Individuals
interested in attending this meeting are encouraged to pre-register by
emailing their name, organization, and contact information with the
subject heading ``CMO GRANTS PRE-APPLICATION MEETING'' to
[email protected]. There is no registration fee for attending this
meeting.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on February 12, 2018 (83 FR 6003) and available at
www.gpo.gov/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.
FOR FURTHER INFORMATION CONTACT: Eddie Moat, U.S. Department of
Education, 400 Maryland Avenue SW,
[[Page 61611]]
Room 4W259, Washington, DC 20202-5970. Telephone: (202) 401-2266.
Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The major purposes of the CSP are to expand
opportunities for all students, particularly traditionally underserved
students, to attend charter schools and meet challenging State academic
standards; provide financial assistance for the planning, program
design, and initial implementation of public charter schools; increase
the number of high-quality charter schools \1\ available to students
across the United States; evaluate the impact of charter schools on
student achievement, families, and communities; share best practices
between charter schools and other public schools; encourage States to
provide facilities support to charter schools; and support efforts to
strengthen the charter school authorizing process. Through CSP Grants
to Charter Management Organizations for the Replication and Expansion
of High-Quality Charter Schools (CFDA number 84.282M) (also referred to
as CMO [i.e., Charter Management Organization] grants or the CMO grant
program), the Department provides funds to charter management
organizations (CMOs) on a competitive basis to enable them to replicate
or expand one or more high-quality charter schools. Grant funds may be
used to expand the enrollment of one or more existing high-quality
charter schools, or to replicate one or more new charter schools that
are based on an existing, high-quality charter school model.
---------------------------------------------------------------------------
\1\ Italicized terms are defined in the Definitions section of
this notice.
---------------------------------------------------------------------------
Background: The CMO grant program is intended to support high-
quality charter schools that are operated by high-performing CMOs
seeking to broaden and increase their impact on student achievement.
Since FY 2010, the Department has awarded almost 80 new CMO grants,
resulting in a portfolio of high-quality CMOs using Federal funds to
replicate and expand their successful charter school models to serve
greater numbers of students, particularly educationally disadvantaged
students.
We have published elsewhere in this issue of the Federal Register a
notice of final priorities, requirements, definitions, and selection
criteria (NFP) for use in this and future CMO competitions. The NFP
aligns with the Elementary and Secondary Education Act of 1965, as
amended by the Every Student Succeeds Act (ESEA), and clarifies key
statutory provisions. In the FY 2019 CMO competition, we are using
several priorities from the NFP and one priority from the Education
Department General Administrative Regulations.
First, applicants must choose to submit their applications under
one of two absolute priorities--Absolute Priority 1--Rural Community or
Absolute Priority 2--Low-Income Demographic. A major purpose of this
program is to replicate and expand high-quality charter schools that
serve educationally disadvantaged students. Students living in rural
communities often have few high-quality educational options and face
unique challenges. Similarly, we believe it is critical to ensure that
students who are individuals from low-income families, particularly
such students who attend schools with high percentages of students who
are individuals from low-income families, have access to multiple high-
quality educational options. Accordingly, in order to receive a grant
under this competition, applicants must demonstrate that they will
replicate or expand one or more high-quality charter schools in a rural
community, or operate or manage charter schools with student bodies
that are comprised of at least 40 percent of students who are
individuals from low-income families.
This competition also includes five competitive preference
priorities. First, we encourage applicants to propose projects that
focus on replicating or expanding high-quality charter schools with an
intentional focus on racially and socioeconomically diverse student
bodies, consistent with nondiscrimination requirements contained in the
U.S. Constitution and Federal civil rights laws.
Second, we encourage applicants to propose to reopen one or more
academically poor-performing public schools as charter schools, based
on a successful charter school model. In order to receive points, an
applicant must ensure that the replicated high-quality charter school
maintains a student body population that is demographically similar to
that of the academically poor-performing public school, consistent with
nondiscrimination requirements in the U.S. Constitution and Federal
civil rights laws. In accordance with the most recent version of the
Department's Charter Schools Program Nonregulatory Guidance (issued in
January 2014),\2\ grantees may exempt from any admissions lotteries
students who are enrolled in a public school, including an academically
poor-performing public school, at the time it is reopened as a public
charter school, as permissible under State law.
---------------------------------------------------------------------------
\2\ See: http://www2.ed.gov/programs/charter/fy14cspnonregguidance.doc.
---------------------------------------------------------------------------
Third, we encourage applicants to propose to replicate or expand
high-quality charter schools that serve high school students. To meet
this priority, applicants must demonstrate that they will prepare
students for postsecondary education and provide support for their
graduates to enroll and persist in, and obtain a degree or certificate
from, postsecondary education institutions. In addition, to meet this
priority, applicants must propose one or more specific performance
measures that will provide valid and reliable information on their
students' progress to and through postsecondary education institutions.
Fourth, we encourage applications from eligible entities that would
replicate or expand high-quality charter schools that are designed to
meet the unique educational needs of Native American students,
consistent with nondiscrimination requirements in the U.S. Constitution
and Federal civil rights laws. In order to meet this priority, an
applicant must submit a letter of support from an Indian Tribe or
Indian organization in the community where the charter school will be
located, meaningfully collaborate with such Indian Tribe or Indian
organization, and propose to replicate or expand one or more high-
quality charter schools with a mission and project focus that addresses
the unique educational needs of Native American students, such as
through the use of instruction that reflects and preserves Native
American language, culture, and history.
Finally, we encourage novice applicants to apply.
Priorities: This notice includes two absolute priorities and five
competitive preference priorities. The absolute priorities and
Competitive Preference Priorities 1-4 are from the NFP for this program
published elsewhere in this issue of the Federal Register. Competitive
Preference Priority 5 is from 34 CFR 75.225.
Absolute Priorities: For FY 2019 and any subsequent year in which
we make awards from the list of unfunded applications from this
competition, these priorities are absolute priorities.
[[Page 61612]]
Under 34 CFR 75.105(c)(3), we consider only applications that meet one
of these priorities.
Each of these absolute priorities constitutes its own funding
category. Applicants may propose projects that address both absolute
priorities, but must clearly indicate under which absolute priority
they are officially applying. The Secretary intends to award grants
under each absolute priority for which applications of sufficient
quality are submitted.
The priorities are:
Absolute Priority 1--Rural Community.
Under this priority, applicants must propose to replicate or expand
one or more high-quality charter schools in a rural community.
Absolute Priority 2--Low-Income Demographic.
Under this priority, applicants must demonstrate that at least 40
percent of the students across all of the charter schools the applicant
operates or manages are individuals from low-income families, and that
the applicant will maintain the same, or a substantially similar,
percentage of such students across all of its charter schools during
the grant period.
Competitive Preference Priorities: These priorities are competitive
preference priorities. Under 34 CFR 75.105(c)(2)(i), we will award up
to an additional three points to an application that addresses
Competitive Preference Priority 1, up to an additional three points to
an application that addresses Competitive Preference Priority 2, up to
an additional three points to an application that addresses Competitive
Preference Priority 3, up to an additional three points to an
application that addresses Competitive Preference Priority 4, and an
additional three points to an application that meets Competitive
Preference Priority 5. The maximum number of competitive preference
priority points an application can receive for this competition is 15.
These priorities are:
Competitive Preference Priority 1--Promoting Diversity. (up to 3
points)
Under this priority, applicants must propose to replicate or expand
high-quality charter schools that have an intentional focus on
recruiting students from racially and socioeconomically diverse
backgrounds and maintaining racially and socioeconomically diverse
student bodies in those charter schools, consistent with
nondiscrimination requirements contained in the U.S. Constitution and
Federal civil rights laws.
Competitive Preference Priority 2--Reopening Academically Poor-
performing Public Schools as Charter Schools. (up to 3 points)
Under this priority, applicants must--
(i) Demonstrate past success working with one or more academically
poor-performing public schools or schools that previously were
designated as persistently lowest-achieving schools or priority schools
under the former School Improvement Grant program or in States that
exercised ESEA flexibility, respectively, under the ESEA, as amended by
the No Child Left Behind Act of 2001 (NCLB); and
(ii) Propose to use grant funds under this program to reopen one or
more academically poor-performing public schools as charter schools
during the project period by--
(A) Replicating one or more high-quality charter schools based on a
successful charter school model for which the applicant has provided
evidence of success; and
(B) Targeting a demographically similar student population in the
replicated charter schools as was served by the academically poor-
performing public schools, consistent with nondiscrimination
requirements contained in the U.S. Constitution and Federal civil
rights laws.
Competitive Preference Priority 3--High School Students. (up to 3
points)
Under this priority, applicants must propose to--
(i) Replicate or expand high-quality charter schools to serve high
school students, including educationally disadvantaged students;
(ii) Prepare students, including educationally disadvantaged
students, in those schools for enrollment in postsecondary education
institutions through activities such as, but not limited to,
accelerated learning programs (including Advanced Placement and
International Baccalaureate courses and programs, dual or concurrent
enrollment programs, and early college high schools), college
counseling, career and technical education programs, career counseling,
internships, work-based learning programs (such as apprenticeships),
assisting students in the college admissions and financial aid
application processes, and preparing students to take standardized
college admissions tests;
(iii) Provide support for students, including educationally
disadvantaged students, who graduate from those schools and enroll in
postsecondary education institutions in persisting in, and attaining a
degree or certificate from, such institutions, through activities such
as, but not limited to, mentorships, ongoing assistance with the
financial aid application process, and establishing or strengthening
peer support systems for such students attending the same institution;
and
(iv) Propose one or more project-specific performance measures,
including aligned leading indicators or other interim milestones, that
will provide valid and reliable information about the applicant's
progress in preparing students, including educationally disadvantaged
students, for enrollment in postsecondary education institutions and in
supporting those students in persisting in and attaining a degree or
certificate from such institutions. An applicant addressing this
priority and receiving a CMO grant must provide data that are
responsive to the measure(s), including performance targets, in its
annual performance reports to the Department.
(v) For purposes of this priority, postsecondary education
institutions include institutions of higher education, as defined in
section 8101(29) of the ESEA, and one-year training programs that meet
the requirements of section 101(b)(1) of the Higher Education Act of
1965, as amended (HEA).
Competitive Preference Priority 4--Replicating or Expanding High-
quality Charter Schools to Serve Native American Students. (up to 3
points)
Under this priority, applicants must--
(i) Propose to replicate or expand one or more high-quality charter
schools that--
(A) Utilize targeted outreach and recruitment in order to serve a
high proportion of Native American students, consistent with
nondiscrimination requirements contained in the U.S. Constitution and
Federal civil rights laws;
(B) Have a mission and focus that will address the unique
educational needs of Native American students, such as through the use
of instructional programs and teaching methods that reflect and
preserve Native American language, culture, and history; and
(C) Have a governing board with a substantial percentage of members
who are members of Indian Tribes or Indian organizations located within
the area to be served by the replicated or expanded charter school;
(ii) Submit a letter of support from at least one Indian Tribe or
Indian organization located within the area to be served by the
replicated or expanded charter school; and
(iii) Meaningfully collaborate with the Indian Tribe(s) or Indian
organization(s) from which the applicant has received a letter of
support in a timely, active, and ongoing manner with respect to the
development and implementation of the
[[Page 61613]]
educational program at the charter school.
Competitive Preference Priority 5--Novice Applicants. (0 or 3
points)
This priority is for applications submitted by novice applicants.
Definitions:
The following definitions are from sections 4310 and 8101 of the
ESEA, 34 CFR 75.225 and 77.1, and the NFP.
Academically poor-performing public school means:
(a) A school identified by the State for comprehensive support and
improvement under section 1111(c)(4)(D)(i) of the ESEA; or
(b) A public school otherwise identified by the State or, in the
case of a charter school, its authorized public chartering agency, as
similarly academically poor-performing. (NFP)
Ambitious means promoting continued, meaningful improvement for
program participants or for other individuals or entities affected by
the grant, or representing a significant advancement in the field of
education research, practices, or methodologies. When used to describe
a performance target, whether a performance target is ambitious depends
upon the context of the relevant performance measure and the baseline
for that measure. (34 CFR 77.1)
Authorized public chartering agency means a State educational
agency, local educational agency, or other public entity that has the
authority pursuant to State law and approved by the Secretary to
authorize or approve a charter school. (Section 4310(1) of the ESEA)
Baseline means the starting point from which performance is
measured and targets are set. (34 CFR 77.1)
Charter management organization means a nonprofit organization that
operates or manages a network of charter schools linked by centralized
support, operations, and oversight. (Section 4310(3) of the ESEA)
Charter school means a public school that--
(i) In accordance with a specific State statute authorizing the
granting of charters to schools, is exempt from significant State or
local rules that inhibit the flexible operation and management of
public schools, but not from any rules relating to the other
requirements of this paragraph;
(ii) Is created by a developer as a public school, or is adapted by
a developer from an existing public school, and is operated under
public supervision and direction;
(iii) Operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to by the
authorized public chartering agency;
(iv) Provides a program of elementary or secondary education, or
both;
(v) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution;
(vi) Does not charge tuition;
(vii) Complies with the Age Discrimination Act of 1975, title VI of
the Civil Rights Act of 1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred
to as the ``Family Educational Rights and Privacy Act of 1974''), and
part B of the Individuals with Disabilities Education Act;
(viii) Is a school to which parents choose to send their children,
and that--
(A) Admits students on the basis of a lottery, consistent with
section 4303(c)(3)(A), if more students apply for admission than can be
accommodated; or
(B) In the case of a school that has an affiliated charter school
(such as a school that is part of the same network of schools),
automatically enrolls students who are enrolled in the immediate prior
grade level of the affiliated charter school and, for any additional
student openings or student openings created through regular attrition
in student enrollment in the affiliated charter school and the
enrolling school, admits students on the basis of a lottery as
described in clause (A);
(ix) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
(x) Meets all applicable Federal, State, and local health and
safety requirements;
(xi) Operates in accordance with State law;
(xii) Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
(xiii) May serve students in early childhood education programs or
postsecondary students. (Section 4310(2) of the ESEA)
Child with a disability means--
(i) In general--
The term ``child with a disability'' means a child--
(A) With intellectual disabilities, hearing impairments (including
deafness), speech or language impairments, visual impairments
(including blindness), serious emotional disturbance (referred to in
this chapter as ``emotional disturbance''), orthopedic impairments,
autism, traumatic brain injury, other health impairments, or specific
learning disabilities; and
(B) Who, by reason thereof, needs special education and related
services.
(ii) Child aged 3 through 9.
The term ``child with a disability'' for a child aged 3 through 9
(or any subset of that age range, including ages 3 through 5), may, at
the discretion of the State and the local educational agency, include a
child--
(A) Experiencing developmental delays, as defined by the State and
as measured by appropriate diagnostic instruments and procedures, in 1
or more of the following areas: Physical development; cognitive
development; communication development; social or emotional
development; or adaptive development; and
(B) Who, by reason thereof, needs special education and related
services. (Section 8101(4) of the ESEA)
Educationally disadvantaged student means a student in one or more
of the categories described in section 1115(c)(2) of the ESEA, which
include children who are economically disadvantaged, students who are
children with disabilities, migrant students, English learners,
neglected or delinquent students, homeless students, and students who
are in foster care. (NFP)
Expand, when used with respect to a high-quality charter school,
means to significantly increase enrollment or add one or more grades to
the high-quality charter school. (Section 4310(7) of the ESEA)
High proportion, when used to refer to Native American students,
means a fact-specific, case-by-case determination based upon the unique
circumstances of a particular charter school or proposed charter
school. The Secretary considers ``high proportion'' to include a
majority of Native American students. In addition, the Secretary may
determine that less than a majority of Native American students
constitutes a ``high proportion'' based on the unique circumstances of
a particular charter school or proposed charter school, as
[[Page 61614]]
described in the application for funds. (NFP)
High-quality charter school means a charter school that--
(a) Shows evidence of strong academic results, which may include
strong student academic growth, as determined by a State;
(b) Has no significant issues in the areas of student safety,
financial and operational management, or statutory or regulatory
compliance;
(c) Has demonstrated success in significantly increasing student
academic achievement, including graduation rates where applicable, for
all students served by the charter school; and
(d) Has demonstrated success in increasing student academic
achievement, including graduation rates where applicable, for each of
the subgroups of students, as defined in section 1111(c)(2), except
that such demonstration is not required in a case in which the number
of students in a group is insufficient to yield statistically reliable
information or the results would reveal personally identifiable
information about an individual student. (Section 4310(8) of the ESEA)
Indian organization means an organization that--
(a) Is legally established--
(i) By Tribal or inter-Tribal charter or in accordance with State
or Tribal law; and
(ii) With appropriate constitution, by-laws, or articles of
incorporation;
(b) Includes in its purposes the promotion of the education of
Indians;
(c) Is controlled by a governing board, the majority of which is
Indian;
(d) If located on an Indian reservation, operates with the sanction
or by charter of the governing body of that reservation;
(e) Is neither an organization or subdivision of, nor under the
direct control of, any institution of higher education; and
(f) Is not an agency of State or local government. (NFP)
Indian Tribe means a federally-recognized or a State-recognized
Tribe. (NFP)
Individual from a low-income family means an individual who is
determined by a State educational agency or local educational agency to
be a child from a low-income family on the basis of (a) data used by
the Secretary to determine allocations under section 1124 of the ESEA,
(b) data on children eligible for free or reduced-price lunches under
the Richard B. Russell National School Lunch Act, (c) data on children
in families receiving assistance under part A of title IV of the Social
Security Act, (d) data on children eligible to receive medical
assistance under the Medicaid program under title XIX of the Social
Security Act, or (e) an alternate method that combines or extrapolates
from the data in items (a) through (d) of this definition. (NFP)
Institution of higher education means an educational institution in
any State that--
(i) Admits as regular students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate, or persons who meet the
requirements of section 484(d) of the HEA;
(ii) Is legally authorized within such State to provide a program
of education beyond secondary education;
(iii) Provides an educational program for which the institution
awards a bachelor's degree or provides not less than a 2-year program
that is acceptable for full credit toward such a degree, or awards a
degree that is acceptable for admission to a graduate or professional
degree program, subject to review and approval by the Secretary;
(iv) Is a public or other nonprofit institution; and
(v) Is accredited by a nationally recognized accrediting agency or
association, or if not so accredited, is an institution that has been
granted preaccreditation status by such an agency or association that
has been recognized by the Secretary for the granting of
preaccreditation status, and the Secretary has determined that there is
satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
(NFP)
Logic model (also referred to as theory of action) means a
framework that identifies key project components of the proposed
project (i.e., the active ``ingredients'' that are hypothesized to be
critical to achieving the relevant outcomes) and describes the
theoretical and operational relationships among the key project
components and relevant outcomes. (34 CFR 77.1)
Native American means an Indian (including an Alaska Native),
Native Hawaiian, or Native American Pacific Islander. (NFP)
Native American language means the historical, traditional
languages spoken by Native Americans. (NFP)
Novice applicant means--
(a) Any applicant for a grant from the Department that--
(i) Has never received a grant or subgrant under the program from
which it seeks funding;
(ii) Has never been a member of a group application, submitted in
accordance with 34 CFR 75.127-75.129, that received a grant under the
program from which it seeks funding; and
(iii) Has not had an active discretionary grant from the Federal
Government in the five years before the deadline date for applications
for new awards under the program.
(b) In the case of a group application submitted in accordance with
Sec. Sec. 75.127-75.129, a group that includes only parties that meet
the requirements of paragraph (a)(i) of this section. (34 CFR 75.225)
Performance measure means any quantitative indicator, statistic, or
metric used to gauge program or project performance. (34 CFR 77.1)
Performance target means a level of performance that an applicant
would seek to meet during the course of a project or as a result of a
project. (34 CFR 77.1)
Replicate, when used with respect to a high-quality charter school,
means to open a new charter school, or a new campus of a high-quality
charter school, based on the educational model of an existing high-
quality charter school, under an existing charter or an additional
charter, if permitted or required by State law. (Section 4310(9) of the
ESEA)
Rural community means a community that is served by a local
educational agency that is eligible to apply for funds under the Small
Rural School Achievement (SRSA) program or the Rural and Low-Income
School (RLIS) program authorized under title V, part B of the ESEA.
Applicants may determine whether a particular local educational agency
is eligible for these programs by referring to information on the
following Department websites. For the SRSA program: www2.ed.gov/programs/reapsrsa/eligible16/index.html. For the RLIS program:
www2.ed.gov/programs/reaprlisp/eligibility.html. (NFP)
Application Requirements:
Applications for CSP CMO grant funds must address the following
application requirements. These requirements are from the NFP and
sections 4303 \3\ and 4305 of the ESEA. The source of each requirement
is provided in parentheses following each requirement. An applicant
must respond to requirement (a) in a stand-alone section of the
application or in an appendix. For all other application
[[Page 61615]]
requirements, an applicant may choose to respond to each requirement
separately or in the context of the applicant's responses to the
selection criteria in section V.2 of this notice.
---------------------------------------------------------------------------
\3\ Per section 4305(c) of the ESEA, CMO grants shall have the
same terms and conditions as grants awarded to State entities under
section 4303. For clarity, the Department has replaced the term
``State entity'' with ``applicant'' in the requirements that derive
from section 4303.
---------------------------------------------------------------------------
Applicants for funds under this program must--
(a) Describe the applicant's objectives in running a quality
charter school program and how the program will be carried out,
including--
(i) A description of how the applicant will ensure that charter
schools receiving funds under this program meet the educational needs
of their students, including children with disabilities and English
learners. (Section 4303(f)(1)(A)(x) of the ESEA)
(ii) A description of how the applicant will ensure that each
charter school receiving funds under this program has considered and
planned for the transportation needs of the school's students. (Section
4303(f)(1)(E) of the ESEA)
(b) For each charter school currently operated or managed by the
applicant, provide--
(i) Student assessment results for all students and for each
subgroup of students described in section 1111(c)(2);
(ii) Attendance and student retention rates for the most recently
completed school year and, if applicable, the most recent available
four-year adjusted cohort graduation rates and extended-year adjusted
cohort graduation rates; and
(iii) Information on any significant compliance and management
issues encountered within the last three school years by any school
operated or managed by the eligible entity, including in the areas of
student safety and finance. (Section 4305(b)(3)(A) of the ESEA)
(c) Describe the educational program that the applicant will
implement in each charter school receiving funding under this program,
including--
(i) Information on how the program will enable all students to meet
the challenging State academic standards;
(ii) The grade levels or ages of students who will be served; and
(iii) The instructional practices that will be used. (Section
4305(b)(3)(B)(ii) of the ESEA)
(d) Demonstrate that the applicant currently operates or manages
more than one charter school. For purposes of this program, multiple
charter schools are considered to be separate schools if each school--
(i) Meets each element of the definition of ``charter school''
under section 4310(2) of the ESEA; and
(ii) Is treated as a separate school by its authorized public
chartering agency and the State in which the charter school is located,
including for purposes of accountability and reporting under title I,
part A of the ESEA. (NFP)
(e) Provide information regarding any compliance issues, and how
they were resolved, for any charter schools operated or managed by the
applicant that have--
(i) Closed;
(ii) Had their charter(s) revoked due to problems with statutory or
regulatory compliance, including compliance with sections 4310(2)(G)
and (J) of the ESEA; or
(iii) Had their affiliation with the applicant revoked or
terminated, including through voluntary disaffiliation. (NFP)
(f) Provide a complete logic model for the grant project. The logic
model must include the applicant's objectives for replicating or
expanding one or more high-quality charter schools with funding under
this program, including the number of high-quality charter schools the
applicant proposes to replicate or expand. (NFP)
(g) If the applicant currently operates, or is proposing to
replicate or expand a single-sex charter school or coeducational
charter school that provides a single-sex class or extracurricular
activity (collectively referred to as a ``single-sex educational
program''), demonstrate that the existing or proposed single-sex
educational program is in compliance with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681, et seq.) and its implementing
regulations, including 34 CFR 106.34. (NFP)
(h) Describe how the applicant currently operates or manages the
high-quality charter schools for which it has presented evidence of
success and how the proposed replicated or expanded charter schools
will be operated or managed, including the legal relationship between
the applicant and its schools. If a legal entity other than the
applicant has entered or will enter into a performance contract with an
authorized public chartering agency to operate or manage one or more of
the applicant's schools, the applicant must also describe its
relationship with that entity. (NFP)
(i) Describe how the applicant will solicit and consider input from
parents and other members of the community on the implementation and
operation of each replicated or expanded charter school, including in
the area of school governance. (NFP)
(j) Describe the lottery and enrollment procedures that will be
used for each replicated or expanded charter school if more students
apply for admission than can be accommodated, including how any
proposed weighted lotteries comply with section 4303(c)(3)(A) of the
ESEA. (NFP)
(k) Describe how the applicant will ensure that all eligible
children with disabilities receive a free appropriate public education
in accordance with Part B of the Individuals with Disabilities
Education Act (IDEA). (NFP)
(l) Describe how the proposed project will assist educationally
disadvantaged students in mastering challenging State academic
standards. (NFP)
(m) Provide a budget narrative, aligned with the activities, target
grant project outputs, and outcomes described in the logic model, that
outlines how grant funds will be expended to carry out planned
activities. (NFP)
(n) Provide the applicant's most recent independently audited
financial statements prepared in accordance with generally accepted
accounting principles. (NFP)
(o) Describe the applicant's policies and procedures to assist
students enrolled in a charter school that closes or loses its charter
to attend other high-quality schools. (NFP)
(p) Provide--
(i) A request and justification for waivers of any Federal
statutory or regulatory provisions that the applicant believes are
necessary for the successful operation of the charter schools to be
replicated or expanded; and
(ii) A description of any State or local rules, generally
applicable to public schools, that will be waived, or otherwise not
apply, to such schools. (NFP)
Assurances.
Applications for CSP CMO grant funds must provide the following
assurances. These assurances are from sections 4303 and 4305 of the
ESEA. The source of each assurance is provided in parentheses following
each assurance.
Applicants for funds under this program must provide assurances
that--
(a) The grantee will support charter schools in meeting the
educational needs of their students, as described in section
4303(f)(1)(A)(x) of the ESEA. (Section 4303(f)(2)(B) of the ESEA)
(b) The grantee will ensure that each charter school receiving
funds under this program makes publicly available, consistent with the
dissemination requirements of the annual State report card under
section 1111(h) of the ESEA, including on the website of the school,
information to help parents make informed decisions about the education
options available to their children, including--
[[Page 61616]]
(i) Information on the educational program;
(ii) Student support services;
(iii) Parent contract requirements (as applicable), including any
financial obligations or fees;
(iv) Enrollment criteria (as applicable); and
(v) Annual performance and enrollment data for each of the
subgroups of students, as defined in section 1111(c)(2) of the ESEA,
except that such disaggregation of performance and enrollment data
shall not be required in a case in which the number of students in a
group is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student. (Section 4303(f)(2)(G) of the ESEA)
(c) The eligible entity has sufficient procedures in effect to
ensure timely closure of low-performing or financially mismanaged
charter schools and clear plans and procedures in effect for the
students in such schools to attend other high-quality schools. (Section
4305(b)(3)(C) of the ESEA)
Program Authority: Title IV, Part C of the ESEA, as amended.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84,
86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)
in 2 CFR part 180, as adopted and amended as regulations of the
Department in 2 CFR part 3485. (c) The Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474.
(d) The NFP.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $90,000,000.
Estimated Range of Awards: $250,000-$15,000,000 per year.
Estimated Average Size of Awards: $2,000,000 per year.
Maximum Award: See Reasonable and Necessary Costs in section
III.4.(a) for information regarding the maximum amount of funds that
may be awarded per new school seat and per new school.
Estimated Number of Awards: 20-30.
Note: The Department is not bound by any estimates in this
notice. The estimated range and average size of awards are based on
a single 12-month budget period. We may use available funds to
support multiple 12-month budget periods for one or more grantees.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants: CMOs. Eligible applicants may apply
individually or as part of a group or consortium.
2. Cost Sharing or Matching: This competition does not require cost
sharing or matching.
3. Subgrantees: A grantee under this program may not award
subgrants.
4. Other: (a) Reasonable and Necessary Costs: The Secretary may
elect to impose maximum limits on the amount of grant funds that may be
awarded per charter school replicated, per charter school expanded, or
per new school seat created.
For this competition, the maximum limit of grant funds that may be
awarded per new or expanded charter school is $1,500,000.
Note: Applicants must ensure that all costs included in the
proposed budget are authorized under the CSP and are reasonable and
necessary in light of the goals and objectives of the proposed
project. Any costs determined by the Secretary to be unauthorized,
or otherwise unreasonable or unnecessary, will be removed from the
final approved budget.
(b) Other CSP Grants: A charter school that previously has received
CSP funds for replication or expansion under this program, or for
opening or preparing to operate a new charter school, replication, or
expansion under the CSP Grants to State Entities (State Entities)
program (CFDA number 84.282A) or CSP Grants to Developers for the
Opening of New Charter Schools and for the Replication and Expansion of
High-quality Charter Schools (Developers) program (CFDA numbers 84.282B
and 84.282E), may not use funds under this grant to carry out the same
activities. However, such charter school may be eligible to receive
funds under this competition to expand the charter school beyond the
existing grade levels or student count.
Likewise, a charter school that receives funds under this
competition is ineligible to receive funds to carry out the same
activities under the State Entities program (CFDA number 84.282A) or
Developers program (CFDA numbers 84.282B and 84.282E), including for
opening or preparing to operate a new charter school, replication, or
expansion.
(c) Costs for Evaluation: Consistent with 34 CFR 75.590, CMO grant
funds may be used to cover post-award costs associated with an
evaluation described in response to Selection Criterion (c) in this
notice, provided that such costs are reasonable and necessary to meet
the objectives of the approved project.
IV. Application and Submission Information
1. Application Submission Instructions: For information on how to
submit an application, please refer to our Common Instructions for
Applicants to Department of Education Discretionary Grant Programs,
published in the Federal Register on February 12, 2018 (83 FR 6003) and
available at www.gpo.gov/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the CMO grant
competition, your application may include business information that you
consider proprietary. In 34 CFR 5.11, we define ``business
information'' and describe the process we use in determining whether
any of that information is proprietary and, thus, protected from
disclosure under Exemption 4 of the Freedom of Information Act (5
U.S.C. 552, as amended).
Because we plan to make successful applications available to the
public, you may wish to request confidentiality of business
information.
Consistent with Executive Order 12600, please designate in your
application any information that you believe is exempt from disclosure
under Exemption 4. In the appropriate Appendix section of your
application, under ``Other Attachments Form,'' please list the page
number or numbers on which we can find this information. For additional
information please see 34 CFR 5.11(c).
3. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application package for this competition.
4. Funding Restrictions: Grantees under this program must use the
grant funds to replicate or expand the charter school model or models
for which the applicant has presented evidence of success.
Specifically, grant funds must be used to carry out allowable
activities, as described in section 4305(b)(1) of the ESEA. In
addition, grant funds must be used to carry out one or more of the
activities described in section 4303(h), which include--
(a) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying costs
associated with--
(i) Providing professional development; and
(ii) Hiring and compensating, during the applicant's planning
period
[[Page 61617]]
specified in the application for funds, one or more of the following:
(A) Teachers,
(B) School leaders, and
(C) Specialized instructional support personnel.
(b) Acquiring supplies, training, equipment (including technology),
and educational materials (including developing and acquiring
instructional materials).
(c) Carrying out necessary renovations to ensure that a new school
building complies with applicable statutes and regulations, and minor
facilities repairs (excluding construction).
(d) Providing one-time, startup costs associated with providing
transportation to students to and from the charter school.
(e) Carrying out community engagement activities, which may include
paying the cost of student and staff recruitment.
(f) Providing for other appropriate, non-sustained costs related to
the replication or expansion of high-quality charter schools when such
costs cannot be met from other sources.
Further, under section 4305(b)(1) of the ESEA, CMO grant funds must
be used to open and prepare for the operation of one or more replicated
high-quality charter schools or to expand one or more high-quality
charter schools. Within the context of opening and preparing for the
operation of one or more replicated high-quality charter schools or
expanding one or more high-quality charter schools, a portion of grant
funds can be used for appropriate, non-sustained costs associated with
the expansion or improvement of the grantee's oversight or management
of its charter schools, provided that (i) the specific charter schools
being replicated or expanded under the grant are the intended
beneficiaries of such expansion or improvement; (ii) such expansion or
improvement is intended to improve the grantee's ability to manage or
oversee the charter schools being replicated or expanded under the
grant; and (iii) the costs cannot be met from other sources. In order
to use grant funds for this purpose, an applicant should describe how
the proposed costs are necessary to meet the objectives of the project
and reasonable in light of the overall cost of the project.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section of this notice.
5. Recommended Page Limit: The application narrative is where you,
the applicant, address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to no more than 60 pages and (2) use the
following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
The recommended page limit does not apply to Part I, the cover
sheet; Part II, the budget section, including the narrative budget
justification; Part IV, the assurances and certifications; or the one-
page abstract, the resumes, the bibliography, or the letters of
support. However, the recommended page limit does apply to all of the
application narrative.
V. Application Review Information
1. Selection Criteria. The selection criteria are from the NFP and
34 CFR 75.210. The source of each selection factor is included in
parentheses following each factor. The maximum possible score for
addressing all of the criteria in this section is 100 points. The
maximum possible score for addressing each criterion is indicated in
parentheses following the criterion.
In evaluating an application, the Secretary considers the following
criteria:
(a) Quality of the eligible applicant (45 points).
In determining the quality of the eligible applicant, the Secretary
considers the following factors:
(i) The extent to which the academic achievement results (including
annual student performance on statewide assessments and annual student
attendance and retention rates and, where applicable and available,
student academic growth, high school graduation rates, college
attendance rates, and college persistence rates) for educationally
disadvantaged students served by the charter schools operated or
managed by the applicant have exceeded the average academic achievement
results for such students served by other public schools in the State
(15 points). (NFP)
(ii) The extent to which one or more charter schools operated or
managed by the applicant have closed; have had a charter revoked due to
noncompliance with statutory or regulatory requirements; or have had
their affiliation with the applicant revoked or terminated, including
through voluntary disaffiliation (15 points). (NFP)
(iii) The extent to which one or more charter schools operated or
managed by the applicant have had any significant issues in the area of
financial or operational management or student safety, or have
otherwise experienced significant problems with statutory or regulatory
compliance that could lead to revocation of the school's charter (15
points). (NFP)
(b) Significance of contribution in assisting educationally
disadvantaged students (30 points).
In determining the significance of the contribution the proposed
project will make in expanding educational opportunities for
educationally disadvantaged students and enabling those students to
meet challenging State academic standards, the Secretary considers the
following factors:
(i) The extent to which charter schools currently operated or
managed by the applicant serve educationally disadvantaged students,
particularly students with disabilities \4\ and English learners, at
rates comparable to surrounding public schools or, in the case of
virtual charter schools, at rates comparable to public schools in the
State (15 points). (NFP)
---------------------------------------------------------------------------
\4\ For purposes of this competition, ``students with
disabilities'' or ``student with a disability'' has the same meaning
as ``children with disabilities'' or ``child with a disability,''
respectively, as defined in section 8101(4) of the ESEA (and this
NIA). Under section 8101(4), ``child with a disability,'' has the
same meaning given that term in section 602 of the IDEA.
---------------------------------------------------------------------------
(ii) The quality of the plan to ensure that the charter schools the
applicant proposes to replicate or expand will recruit, enroll, and
effectively serve educationally disadvantaged students, particularly
students with disabilities and English learners (15 points). (NFP)
(c) Quality of the evaluation plan for the proposed project (10
points)
In determining the quality of the evaluation plan for the proposed
project, the Secretary considers the extent to which the methods of
evaluation include the use of objective performance measures that are
clearly related to the intended outcomes of the proposed project, as
described in the applicant's logic model, and that will produce
quantitative and qualitative data by the end of the grant period. (NFP)
(d) Quality of the management plan and personnel (15 points).
In determining the quality of the applicant's management plan, the
[[Page 61618]]
Secretary considers the following factors:
(i) The ability of the applicant to sustain the operation of the
replicated or expanded charter schools after the grant has ended, as
demonstrated by the multi-year financial and operating model required
under section 4305(b)(3)(B)(iii) of the ESEA (5 points). (NFP)
(ii) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks (5 points). (34 CFR 75.210(g)(2)(i))
(iii) The qualifications, including relevant training and
experience, of key project personnel (5 points). (34 CFR
75.210(e)(3)(ii))
2. Review and Selection Process: We remind potential applicants
that in reviewing applications under any discretionary grant
competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the
past performance of the applicant in carrying out a previous award,
such as the applicant's use of funds, achievement of project
objectives, and compliance with grant conditions. The Secretary may
also consider whether the applicant failed to submit a timely
performance report or submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.205, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
3474.10, the Secretary may impose specific conditions and, in
appropriate circumstances, high-risk conditions on a grant if the
applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$150,000), under 2 CFR 200.205(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (referred to as the Federal
Awardee Performance and Integrity Information System (FAPIIS)),
accessible through the System for Award Management, or SAM. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all other Federal funds
you receive exceed $10,000,000.
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20.
4. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the necessary processes and
systems to comply with the reporting requirements in 2 CFR part 170
should you receive funding under the competition. This does not apply
if you have an exception under 2 CFR 170.110(b).
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multiyear award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
(c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection analysis and reporting. In
this case the Secretary establishes a data collection period.
5. Performance Measures: (a) The Secretary has two performance
indicators to measure progress towards achieving the purposes of the
program, which are discussed elsewhere in this notice. The performance
indicators are: (1) The number of charter schools in operation around
the Nation and (2) the percentage of fourth- and eighth-grade charter
school students who are achieving at or above the proficient level on
State assessments in mathematics and reading/language arts.
Additionally, the Secretary has established the following measure to
examine the efficiency of the CSP: The Federal cost per student in
implementing a successful school (defined as a school in operation for
three or more consecutive years).
(b) Project-Specific Performance Measures. Applicants must propose
project-specific performance measures and performance targets
consistent with the objectives of the proposed project. Applications
must provide the following information as directed under 34 CFR
75.110(b) and (c):
[[Page 61619]]
(1) Performance measures. How each proposed performance measure
would accurately measure the performance of the project and how the
proposed performance measure would be consistent with the performance
measures established for the program funding the competition.
(2) Baseline data. (i) Why each proposed baseline is valid; or (ii)
if the applicant has determined that there are no established baseline
data for a particular performance measure, an explanation of why there
is no established baseline and of how and when, during the project
period, the applicant would establish a valid baseline for the
performance measure.
(3) Performance targets. Why each proposed performance target is
ambitious yet achievable compared to the baseline for the performance
measure and when, during the project period, the applicant would meet
the performance target(s).
(4) Data collection and reporting. (i) The data collection and
reporting methods the applicant would use and why those methods are
likely to yield reliable, valid, and meaningful performance data; and
(ii) the applicant's capacity to collect and report reliable, valid,
and meaningful performance data, as evidenced by high-quality data
collection, analysis, and reporting in other projects or research.
All grantees must submit an annual performance report with
information that is responsive to these performance measures.
6. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things, whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, the
performance targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
7. Project Director's Meeting: Applicants approved for funding
under this competition must attend a two-day meeting for project
directors at a location to be determined in the continental United
States during each year of the project. Applicants may include the cost
of attending this meeting as an administrative cost in their proposed
budgets.
VII. Other Information
Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., braille, large print, audiotape, or compact disc) on request to
the program contact person listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other
documents of the Department published in the Federal Register, in text
or Portable Document Format (PDF). To use PDF you must have Adobe
Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: November 27, 2018.
James C. Blew,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2018-26094 Filed 11-29-18; 8:45 am]
BILLING CODE 4000-01-P